Sullivan v. CIR

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-60017

JAMES L. SULLIVAN; DOROTHY B. SULLIVAN, Petitioners-Appellants, VERSUS COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

Appeal from the United States Tax Court (3332-96) November 8, 1999 Before DAVIS, JONES and MAGILL1, Circuit Judges.

PER CURIAM:** Our review of the record reveals that the findings of the Tax Court are supported by the evidence and are not clearly erroneous.

We also conclude that the Tax Court did not err in applying those facts to the factors the fact finder is required to consider by 26 C.F.R. § 1.183-2(B) in assessing whether an activity is a hobby or a business. Because the Tax Court did not err in concluding that the taxpayers’ cutting horse activities were a hobby and not a business, its judgment is AFFIRMED.

Circuit Judge of the Eighth Circuit, sitting by designation.